Research On The Legal Problems Of "Three Rights Separation" In Agricultural Land In China

The "Three Rights Separation" is a new rural land policy at the exploratory stage in China.The basic concept is that the three rights of ownership,contracting right and management right are independent and the operation right is transferred.It is based on the current situation of rural land development in China and the reform measures proposed by the existing system framework of rural land.China's academic circles have different views and opinions on the split mode of "Three Rights Separation" right.Scholars have put forward views and views from different angles,thus realizing the continuous improvement of the theory and the constant understanding of the same.Through discussion,we can further clarify the relationship between the various ownership of rural land,further clarify and define the connotation of land contracting right and land management right,enrich the types of usufructuary right in China,and standardize the ownership of rural land rights.With the continuous development of China's economy,rapid progress of agricultural production technology,rural land mortgage,transfer and scale management and the practical needs of the rural production and lifestyle changes,new agricultural business entities have emerged and become an important factor in the active market in rural areas.These changes have raised new requirements and new challenges to the legal system the former rural land.Based on this purpose,this paper makes a detailed research on the legal issues of "Three Rights Separation",trying to find out the legal defects in the process of rural land transfer in China,and put forward some countermeasures to improve relevant laws,so as to better assist the development of rural land property rights function.First of all,from the historical context of China's rural land policy.According to the chronological order,we should clarify the historical context of the "totally privatization" land ownership status in China since the founding of the people's Republic of China,and the reality of the "three rights division" of the rural land in the period of exploration.In the process of social and economic development in China,we can see the relationship between the gradual change of social contradictions and the change of land system.Then it expounds the theoretical basis and system design of the "three rights division" in our country.To understand the current state of development of the "Three Rights Separation" and clear the trend of reality.From the perspective of history and reality,based on the perspective of theory and practice,this paper analyzes and discusses the shortcomings of the construction of the "Three Rights Separation" legal system.Finally,in view of the deficiency,the concept and method of perfecting the "three rights division" legal system are put forward.To understand the historical context and to see the trend now,we can better guide the future trend.The study of the legal issues of "Three Rights Separation" is not only a study of the problem of the allocation of land resources in rural China,but also the research of the basic system in China.Therefore,the study of the "three rights division" legal issues is related to the national economy and the people's livelihood,and plays a vital role in the development of the overall economy in China.